1958. Cancer. No. 6213 377 No. 6213. CANCER ACT 1958. An Act to consolidate the Law relating to the Anti-Cancer Council of Victoria and the Cancer Institute and for other purposes. [30th September, 1958.] E it enacted by the Queen's Most Excellent Majesty by and B with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): 1. This Act may be cited as the Cancer Act 1958, and shall suorttitie come into operation on a day to be fixed by proclamation of the ment and Governor in Council published in the Government Gazette, and dmsi0n - is divided into Parts as follows: Part I. Anti-Cancer Council of Victoria ss. 3-31. Part II. Cancer Institute ss. 32-58. 2. (1) The Acts mentioned in the First Schedule to the R epe ai. -extent thereby expressed to be repealed are hereby repealed firet. _. 1 Schedule accordingly. (2) Except as in this Act expressly or by necessary implication provided (a) all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts
378 1958. Cancer. No. 6213 interpretation. No. 4446 s. i council.- "Committee." immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; {b) in particular and without affecting the generality of tiie foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any regulation rule by-law appointment direction election nomination report estimate account agreement notice investment delegation statement charge liability or right made issued granted given accrued incurred or acquired or existing or continuing by or under any of such repealed Acts before the commencement of this Act. PART I. ANTI-CANCER COUNCIL OF VICTORIA. 3. In this Part unless inconsistent with the context or subject-matter " Council " means the Anti-Cancer Council of Victoria under this Part. " Committee " means committee under this Part. Council to be 4. There shall be an Anti-Cancer Council of Victoria ^T^T""- constituted as hereinafter provided. No. 4446 s. 3. objects. No. 4446 s. 4. General powers. r 5. (1) The objects of the council shall be ( a ) to co-ordinate in Victoria all activities in relation to research and investigations with respect to cancer and allied conditions and with respect to the causation prevention and treatment thereof; (b) to promote and subsidize such research and investigations; (c) to provide maintenance and travelling expenses to persons in need who are suffering from cancer to enable them to become inmates of or to attend a public general hospital or special cancer clinic for treatment; (d) to investigate the advisability of the establishment of special cancer clinics and, if thought advisable, to establish such clinics; and (e) to facilitate the improvement of the treatment of persons suffering from cancer. (2) For the carrying into effect of the foregoing objects the council subject to and for the purposes of this Part may (a) obtain moneys by means of grants subscriptions gifts bequests or otherwise and invest any moneys so obtained and hold investments of the same;
1958. Cancer. No. 6213 379 (b) receive obtain and hold lands moneys securities and other property real or personal; (c) execute any special trusts in connexion with moneys or property received obtained and held by the council; (d) apply the capital and income of the funds and property of the council or any part thereof, subject to such trusts (if any), for or towards the foregoing objects; and (e) do all such things as are incidental or conducive to the attainment of the foregoing objects and the exercise of the powers of the council. 6. (1) The council (which shall not exceed thirty-six consuu^on l. \ l. ii 4. of conned. members) shall consist of NO.444«8.5; (a) the Minister of Health, the Chief Justice of the JtlutS, Supreme Court of the State of Victoria, the No -" 53s - 2 - Chancellor of the University of Melbourne, the Vice-Chancellor of the University of Melbourne, the Lord Mayor of Melbourne, the Chief Health Officer of the Department of Health, and the chairman of the Hospitals and Charities Commission, all of whom shall be ex officio members of the council; (b) fifteen persons appointed by the Governor in Council upon nomination as provided in the Second ggg^ Schedule to this Act by the committees or other governing bodies of the respective associations or bodies of persons corporate or unincorporate set out in the said Schedule; (c) not more than four persons appointed by the Governor in Council upon nomination by the Minister of Health to represent contributors to the funds of the council; (d) two other persons appointed by the Governor in Council upon the recommendation of the Minister of Health; and (e) (i) the chairman for the time being of each of the committees hereinafter provided for; and (ii) not more than four members for the time being of the medical and scientific committee elected from time to time by that committee. (2) There shall be a president and a vice-president of the President and council who shall respectively wce-presidem. (a) be elected as hereinafter provided by the council from among the members thereof; and
380 1958. Cancer. No. 6213 {b) be entitled to hold office as such until the annual meeting of the council next following their election. rf'prsfdelrt ( *) The president the vice-president and any other member vice-piresideat of the council may resign his office by writing under his hand an^mem rs a(j ( j resse( j ancj delivered or sent by post to the president or the council. secretary of the council. Incorporation. No. 4446 s. 6. 7 The council shall be a body corporate by the name of the Anti-Cancer Council of. Victoria with perpetual succession and a common seal; and shall by that name be capable in law of suing and being sued and subject to and for the purposes of this Part of acquiring receiving holding selling leasing taking on lease mortgaging exchanging or disposing of real or personal property and of doing or suffering all such other acts or things as bodies corporate may by law do and suffer. Term of office of appointed members. No. 4446 s. 8. Casual vacancies: President or vice-president No. 4446 s. 9. Vacancies: Appointed member of the council. Term of office of members appointed to fill casual vacancies. Annual meeting. No. 4446 s. 10. Business at annual - meeting. 8. Subject to the provisions of sub-section (3) of the next succeeding section the members of the council appointed by the Governor in Council shall be appointed for a period of five years but upon the expiration of such period shall be eligible for re-appointment if then qualified. 9. (1) Any casual vacancy in the office of the president oi the vice-president shall be filled by the election of a member of the council thereto by the council for the remainder of the term of office of the president or vice-president (as the case may be). (2) Any vacancy in the office of a member of the council appointed by the Governor in Council shall subject to this Part be filled by the appointment of a qualified person thereto by the Governor in Council. (3) Any member appointed to fill a casual vacancy in the office of a member of the council appointed by the Governor in Council shall be appointed only for the remainder of the term of office of the member in whose place he is appointed but upon the expiration of such term shall be eligible for re-appointment if then qualified. 10. (1) An ordinary meeting of the council shall be held in the month of September in every year which shall be called the annual meeting of the council. (2) At every annual meeting of the council (a) the council (i) shall elect the president and vice-president of the council; and
1958. Cancer. No. 6213 381 (ii) shall appoint such of the members of the several committees hereinafter provided for as are then to be appointed by the council; and (b) there shall be presented to the council (i) by the executive committee a general report of the proceedings of that committee and of the affairs of the council generally; (ii) by the finance " committee a general report of the proceedings of that, committee and a full account of the receipts and expenditure and of the funds investments and properties of the council and a balance-sheet for the last twelve months duly audited; (iii) by the medical and scientific committee a general report of the proceedings of that committee and such recommendations as that committee deems desirable relating to the matters committed to that committee by or under this Part; and (iv) by the appeals committee a general report of the proceedings of that committee and such recommendations as that committee deems desirable relating to the matters committed to that committee by or under this Part. (3) A quorum of the council shall consist of ten members Quorum, thereof. 11. (1) The president of the council shall in every year within fourteen days after the annual meeting of the council cause to be prepared a general report of the proceedings and activities of the council and of each of the committees thereof during the year terminating at such annual meeting. (2) Such general report together with the full account of the receipts and expenditure and of the funds investments and properties of the council and the audited balance-sheet submitted to the council at such annual meeting shall be laid before both Houses of Parliament within one month after such annual meeting if Parliament is then sitting and if Parliament is not then sitting then within one month after the next meeting of Parliament. The Executive Committee. Preparation of annual report of proceedings of council and committees. No. 4446 s. 11. Submission of report, financial statement and balance-sheet to Parliament. 12. (1) There shall be a committee called the executive Constitution Committee. of executive committee. No. 4446 s. II.
382 1958. Cancer. No. 6213 Quo " 1 - Powers and duties of executive committee. No. 4446 s. 13 (2) The executive committee shall consist of not more than nine members of whom (a) four (not being members of the medical and scientific committee) shall be appointed by the council; (b) three shall be appointed by the medical and scientific committee hereinafter provided for; and (c) two may be co-opted by the executive committee. (3) A quorum of the executive committee shall consist of five members thereof. 13. (1) Subject to the general control of the council the executive committee (a) may determine the measures to be taken to carry out the purposes of this Part; (b) shall receive and consider all recommendations by the medical and scientific committee and the appeals committee; (c) may appoint control and remove a person (hereinafter referred to as " the secretary ") who shall be the secretary to the council and to every committee and such other officers and employes of the council and of the several committees as the executive committee thinks fit and fix the salaries or remuneration of such secretary and other officers and employes; (d) may conduct promote and subsidize research and investigations with respect to cancer and allied conditions and with respect to the causation prevention and treatment thereof; (e) may publish such medical and scientific reports as may be recommended by the medical and scientific committee; and (/) may exercise any other function delegated to the executive committee by the council. (2) The executive committee (a) subject to this Part shall have and may exercise all such other powers and duties as are conferred or imposed on it by or under this Part; and (b) shall furnish an annual report of its proceedings to the council. Constitution of finance committee. TSo. 4446 a. 14. The Finance Committee. 14. (1) There shall be a committee called the finance committee.
1958. Cancer. No. 6213 383 (2) The finance committee shall consist of six members of whom (a) one shall be appointed by the Treasurer of Victoria; (b) four shall be appointed by the council; and (c) one shall be the chairman for the time being of the executive committee. (3) A quorum of the finance committee shall consist of three Quorum, members thereof. 15. (1) Subject to the general control of the council the Powers and finance committee ttaa!e of..,,,,,.,. committee. (a) shall have the management of the property investments No. 4446 s. 15. and funds of the council; and (6) shall have and may exercise all such other powers and duties as are conferred or imposed on it by or under this Part. (2) The finance committee shall furnish an annual report of its proceedings to the council. The Medical and Scientific Committee. 16. (1) There shall be a committee called the medical and constitution scientific committee. SM3W committee. (2) The medical and scientific committee shall consist of not NS'SII 8 " 161 more than eighteen members of whom s. M (a). (a) one shall be appointed by the Minister of Health; (b) four shall be appointed by the Council of the University of Melbourne, two of them being nominated by the Faculty of Medicine of the said University and two by the Faculty of Science of the said University; (c) five shall be appointed by the honorary medical staffs of hospitals, namely: one each by the honorary medical staffs of the Royal Melbourne Hospital, the Alfred Hospital, St. Vincent's Hospital, the Austin Hospital, and the Royal Women's Hospital respectively; (d) one shall be the director for the time being of the Thomas Baker Alice Baker and Eleanor Shaw Medical Research Institute; (e) one shall be the director for the time being of the Walter and Eliza Hall Institute of Research in Pathology and Medicine;
384 1958. Cancer. No. 621.3 Qu m- (/) five shall be appointed by the governing bodies of the following associations, namely: one by the Royal Australasian College of Surgeons, one by the Australasian Association of Physicians, one by the Victorian Branch of the British Medical Association, one by the Australian and New Zealand Association of Radiology and one by the Melbourne Cancer Causation Research Committee; and (g) one shall be the chairman for the time being of the executive committee. (3) A quorum of the medical and scientific committee shall consist of nine members thereof. powers and 17. (1) Subject to this Part the medical and scientific Scafand committee scientific committes. ( a \ shall advise the executive committee as to No. 4446 s. 17. (i) the nature scope and method of promoting investigations and research with respect to cancer and allied conditions and with respect to the causation prevention and treatment thereof; (ii) the selection of suitable officers to be appointed by the executive committee for these purposes and the terms and conditions of their appointment; and (iii) the publication of medical and scientific reports; and (&) shall have and may exercise all such other powers and duties as are conferred or imposed on it by or under this Part. (2) The medical and scientific committee shall furnish an annual report of its proceedings to the council. The Appeals Committee. constitution 18. (1) There shall be a committee called the appeals of appeals comkttec. No. 4446 s. 18... committee. (2) The appeals committee shall consist of (a) such persons as the council deems fit appointed by the council; and (b) the chairman for the time being of the executive committee.
1958. Cancer. No. 6213 385 (3) Subject to this Part the function of the appeals committee Function of shall be to take such action as may be necessary or expedient Smmittee. to raise funds for and to secure such aid as may be conducive to the carrying out of the objects of the council. (4) The appeals committee shall furnish an annual report of its proceedings to the council and such other reports as may from time to time be requested by the president. General Provisions. 19. (1) Subject to this Part every member of any committee Term of appointed otherwise than to fill a casual vacancy shall hold office Appointed until the day of the annual meeting of the council in the third committees, year after his appointment. NO. 4446 s 19. (2) Subject to this Part every co-opted member of any Term of committee shall hold office for the remainder of the term of office co'^p'ted of the appointed co-opting members of the committee, committees. (3) Every committee shall be subject to the general direction c? m j?^t and control of the council, to control of council. (4) Every committee shall elect for the term of office of the chairmen committees. of appointed members thereof one of its number to be the chairman thereof. (5) The chairman of any committee on ceasing to be a chairman member of the committee shall cease to be chairman thereof, member of committee. (6) The chairman or any other member of any committee Resignation of may resign his office by writing under his hand addressed and member" ot r delivered or sent by post to the chairman of such committee or committees - to the secretary. (7) Any casual vacancy in the office of chairman of any Fining of committee shall be filled by the election by the committee of one vie" * in of its number as chairman for the remainder of the term of office csmli of of the chairman. committee. (8) Any appointed or co-opted member of any committee Absence of shall go out of office if he is absent for more than five consecutive ordinary meetings of the committee without leave granted by the committee. committees, (9) Any casual vacancy in any committee shall be filled by Fining of the appointment or co-option of a qualified person in the like vacancies in manner to and for the remainder of the term of office of the committees - member whose seat has become vacant. (10) Any member of any committee shall, if qualified, be Slm^'oV eligible to be again appointed or co-opted thereto. Members of (11) Every member of a committee to be appointed by the Appointments council shall be appointed at an annual meeting of the council, meetings.
38G 1958. Cancer. No. 6213 Chairmen and certain othei members of committees to remain in office until successors appointed. (12) Notwithstanding anything in this Part (a) the chairman of each committee holding office immediately before the annual meeting of the council at which the term of office of the appointed members of the committee expires shall continue to hold office as such until his successor is elected; and (b) the members of the executive committee appointed by the medical and scientific committee who are holding office immediately before the annual meeting of the council at which the term of office of the members of the executive committee expires shall continue to hold office until their successors are appointed by the medical and scientific committee. Powers of the council and of the committees as to meetings and proceedings. No. 4446 s. 20. Special meetings. No. 4446 s. 21. Chairman at meetings. No. 4446 s. 22. 20. Subject to this Part the council and each of the committees respectively may (a) hold ordinary meetings at such times and places as it thinks fit; (b) adjourn any meeting; and (c) regulate its own proceedings. 21. (1) Special meetings may be convened at any time (a) of the council by the president or, on the requisition in writing of any three members of the council, by the secretary; (b) of any committee by the chairman thereof or, on the requisition in writing of any two members thereof, by the secretary. (2) Three days' notice of any special meeting of the council or of any committee shall be given to the members of the council or of such committee (as the case may be) stating the object of the meeting. (3) No business shall be transacted at any such special meeting except that for which it was convened. 22. (1) At every ordinary or special meeting of the council the president or in his absence the vice-president or in the absence of the president and vice-president a member chosen by the members of the council present shall preside. (2) At every general or special meeting of any committee the chairman or in his absence a member chosen by the members of the committee present shall preside.
1958. Cancer. No. 6213 387 (3) The person presiding at any meeting of the council or of any committee shall in the case of an equality of votes have a second or casting vote. 23. The proceedings at any meeting of the council or of any v^^'j 5 ' committee shall not be invalidated by reason of any vacancy N 0. 4446 5.23. therein or any informality or irregularity in the convening thereof or any want of qualification in any of the persons present or voting thereat. 24. (1) A notice required to be served under this Part on se^^cf any member of the council or of any committee may be served N.4446s.24. either personally or by sending it through the post in a prepaid letter addressed to him at his registered address for service (if any). (2) The non-delivery of any notice of a meeting shall not invalidate the proceedings at the meeting. 25. A minute book of proceedings of the council and of every Minutes, committee respectively shall be kept and proper entries made No-** 46 *- 25 - therein of all business transacted by the council or any committee (as the case may be). 26. (1) Every salaried officer of the council or of any security by committee entrusted with the control or custody of any money NO^S s. 26. for or on behalf of the council or any committee shall give such security (if any) as the finance committee requires. (2) No salaried officer of the council or of any committee officers^.! shall receive whether directly or indirectly any commission or remission, payment in the nature thereof for or in respect of any moneys collected or received by him for or on behalf of the council or any committee. Funds and Properties of the Council. 27. (1) Subject to this Part all moneys and funds of the investmedtof council which are not immediately required to be expended for j^. ^Vs. ir the purposes of this Part and which the finance committee thinks proper to be invested shall be placed in such investments as may be authorized with respect thereto by or by the powers contained in the instrument (if any) of gift of such moneys or funds or of the moneys or property from which the same have arisen or by the powers contained in any writing or writings under the hand of the donor according to the provisions of this seotion or (so far as such instrument writing or writings do not extend) in
388 1958. Cancer. No. 6213 investments authorized by the law for the time being in force for the investment of trust funds or upon fixed deposit with any bank: Provided that (a) money shall not be invested in any securities and no securities shall be retained if in respect of any securities aforesaid any liability exists unless the liability is of limited amount and is to be discharged or is capable if the finance committee thinks fit of being discharged within a fixed period from the date of investment; but save as in this proviso mentioned nothing in this Part shall prevent the council or the finance committee from the full exercise of any discretion or authority given by the donor in the choice of investments; (b) all investments may be varied or transposed from time to time into or for other investments authorized according to the provisions of this section with respect to the original investments or the proceeds thereof; and (c) for the purposes of this section land shall be deemed to be an investment. (2) Where any money or other property is given by a donor to the council either generally or on a special trust any such donor may within six months after the gift by writing or writings under his hand confer on the council any such powers or additional powers of investment re-investment sale retention or otherwise with respect to his gift and the income thereof as he thinks fit and any such writing or writings shall have effect as if the powers had been contained in an instrument of gift of such money or other property to the council; and subject to this Part any such powers may be exercised by the finance committee. (3) Moneys of the council awaiting distribution may be either deposited with the bankers of the council or advanced on the security of stocks funds or securities the purchase of which would be authorized by the law for the time being in force for the investment of trust funds. Gifts subject to conditions. No. 4446 b. 28. Authority to municipal councils to contribute to Anti-Cancer Council either for special or general purposes. 28. (1) The council may accept gifts and endowments of real and personal estate either for special purposes of the council or in aid of the general purposes thereof and upon such terms and conditions (not inconsistent with the objects of the council) as may be agreed upon between the council and the person bestowing such gifts and endowments. (2) The council of any municipality (including the city of Melbourne and the city of Geelong) may out of the municipal fund or town fund (as the case may be), which fund is hereby declared to be available for the purpose, contribute moneys to
1958. Cancer. No. 6213 389 the funds of the Anti-Cancer Council either for special purposes of the Anti-Cancer Council or in aid of the general purposes thereof and upon such terms and conditions -. (not inconsistent with the objects of the Anti-Cancer Council) as may be agreed upon between the Anti-Cancer Council and such municipal council. Audit of Accounts. 29. (1) There shall be a continuous audit of the accounts j3 lnuous of the council. NO. 4446 s. 30. (2) The executive committee shall for the purposes of such fjgi$ f t audit appoint as auditors persons holding under the Companies continuous Act 1938 licences authorizing them to act as auditors for companies and may remove any auditor so appointed. (3) The accounts of the council shall whenever so directed Audjtby by the Governor in Council be audited by the Auditor-General General and who shall have with respect thereto all the powers conferred On expenses of audithim by any law relating to the audit of the public accounts. (4) There shall be paid into the Consolidated Revenue at the Treasury in Melbourne an amount to be determined by the Auditor-General to defray the costs and expenses of such audit and the remuneration of the officers of the Auditor-General engaged in such audit. Costs and Expenses. 30. All the proper costs charges and expenses of and incidental Sd «pes s to the administration of this Part shall be defrayed out of the No. 4446 s. 31. funds of the council. Rules. 31. (1) The council may make revoke amend or vary rules cou V ncut o the for Or with respect to make rules. (a) the safe keeping and the use of the corporate seal; (b) the keeping of regular books and accounts; (c) the reports to be made to the council by the several committees; (d) ithe relations of the several committees to one another and to the council; and (e) generally, the carrying into effect of the purposes of this Part. (2) Any rule may (without prejudice to any other method of revocation) be revoked by Order of the Governor in Council published in the Government Gazette.
390 1958. Cancer. No. 6213 PART II. CANCER INSTITUTE. Interpretation. No. 5341 s. 2. " Board." " Executive committee." " Institute." " Minister." " Regulations." Cancer Institute. No. 5341 8.3. Objects. Cancer Institute Board. No. 534is. 4. 32. In this Part unless inconsistent with the context or subject-matter " Board" means the Cancer Institute Board under this Part. " Executive committee" means the executive committee of the Board. " Institute " means the Cancer Institute under this Part. " Minister " means Minister of Health. " Regulations " means regulations made under this Part. 33. (1) There shall be a Cancer Institute under this Part. (2) The objects for which the Institute is established are (a) to provide facilities for research and investigation with respect to 'the causation prevention diagnosis and treatment of cancer and allied conditions; (b) to undertake such research and investigation; (c) to provide in Victoria or elsewhere for the special training of persons in such research and investigation; (d) to provide out-patient and in-patient hospital treatment at the Institute; (e) to arrange for the provision at any hospital within the meaning of the Hospitals and Charities Act 1958 of special clinics at which patients may seek relief from conditions in respect of which appropriate treatment is available at the Institute; (/) to provide hostels or make other arrangements where necessary for the accommodation of out-patients who are undergoing treatment at the Institute or at any clinic associated with the Institute; (g) to provide at the Institute and, at any clinic established at any hospital, to arrange for the provision of (i) teaching facilities for medical students; (ii) post-graduate instruction for medical practitioners; and (iii) instruction to nurses technicians and physicists with regard to cancer and allied conditions, including the diagnosis and treatment thereof; (h) to co-ordinate all activities arising from the foregoing objects. 34. (1) For the purposes of carrying out the objects for which the Institute is established there shall be a Board known as the Cancer Institute Board.
1958. Cancer. No. 621J 391 (2) By such name the Board shall be a body corporate with perpetual succession and shall adopt and use a common seal and shall be capable in law of suing and being sued and for the purposes only of this Part of taking purchasing holding exchanging leasing and disposing of real and personal property and of doing or suffering all such other acts or things as bodies corporate may by law do or suffer. 35. (1) The Board shall consist of S'JtoaKi tion (a) Government nominees as set out in Part A of the Third Third Schedule; **!, NO. 5341 a. 3. (b) institutional nominees as set out in Part B of the Third Schedule; (c) subject to any agreement under this Part between the Governor of the State of Victoria and the Governor of the State of Tasmania, Tasmanian nominees as set out in Part C of the Third Schedule; and (d) ex officio members as set out in Part D of the Third Schedule. (2) The members referred to in paragraphs (a) (b) and (c) of the last preceding sub-section shall be appointed by the Governor in Council for a term of not more than three years and shall be eligible for re-appointment. (3) The Governor in Council on the recommendation of ithe Board may from time to time by proclamation published in the Government Gazette alter Part B of the Third Schedule by removing or inserting any item in that Part or by altering the number of nominees of any institution, and the said Part B as so altered shall thereupon be deemed to be Part B of the said Schedule. (4) The members of the Board (other than employes of the Board who are members of the Board ex officio) shall be paid such fees and expenses as are prescribed by the regulations. 36. (1) If any member of the Board referred to in Parts A, Vacancies. B or C of the Third Schedule Schedule. (a) dies; NO.5MIS. 6. (b) resigns; (c) becomes bankrupt or insolvent or compounds with his creditors or makes a deed of arrangement for the benefit of his creditors; (d) is convicted of any indictable offence; or (e) ceases, by virtue of any proclamation under the last preceding section, to be the nominee of an institution set out in Part B of the said Schedule Thw SchednU his office shall thereupon become vacant and any vacancy so occurring shall be deemed to be an extraordinary vacancy.
392 1958. Cancer. No. 6213 Filling extraordinary vacancies. (2) Any extraordinary vacancy on the Board (however occurring) of any member referred to in Parts A, B or C of the Third Schedule shall be filled by the appointment by the Governor in Council of a member who has been appropriately nominated as aforesaid, but such appointment shall only be for the remainder of the term of the person in whose place the new member is so appointed. Failure to nominate. Third Schedule. No. 5341 s. 7. Time and place for meetings. No. 53411. Quorum. Chairman. No. 5341 s. 9. 37 (1) If from any cause any institution set out in Part B of the Third Schedule fails to nominate any representative within two months after a request by the Minister in writing so to do then the Governor in Council may without nomination appoint any person to be a member of the Board in place of the member who should have been nominated. (2) The member so appointed shall be deemed for all purposes to be a member of the Board. 38. (1) The members of the Board shall meet at such times and places as the Board from time to time appoints: Provided that the Minister may at any time call an extraordinary meeting of the Board for any purpose connected with the Institute and ithe Board shall meet accordingly. (2) All powers duties and authorities vested in the Board may be exercised by a quorum thereof consisting of not less than ten members. 39. (1) The Board shall every twelve months after its first meeting elect one of its members to be chairman of the Board for the ensuing period of twelve months. (2) Subject to this Part every retiring chairman shall be eligible for re-election as chairman. (3) In ithe event of the illness or absence of the chairman or if there is no chairman, the Board shall elect one of its members to be acting chairman thereof; and during the illness or absence of the chairman or until the election of a chairman the acting chairman shall have and may exercise all the powers and duties and authorities of the chairman. (4) If at any meeting of the Board the chairman or acting chairman is not present one of the members present shall be elected by the members present to be deputy chairman for that meeting. (5) If at any election of a chairman acting chairman or deputy chairman there is an equality of votes it shall be decided by lot which of the members obtaining an equal number of votes shall be chairman acting chairman or deputy chairman.
1958. Cancer. No. 6213 393 (6) At all meetings of the Board the chairman of the meeting shall have a deliberative vote and in the case of an equality of votes a second or casting vote. (7) Subject to this Part the Board may regulate its own proceedings. 40. The Board may subject to any direction of the Minister gs t s e fthe whether given generally or in any particular case NO. 5341 s. 10. (a) appoint a Medical Director an Assistant Medical Director and a Manager and Secretary of the Institute and such other persons as it deems necessary to enable the exercise of its functions and authorities and the carrying out of its duties under this Part and may dismiss any person so appointed; and (b) pay to any persons so appointed such salaries and wages as it determines. 41. There shall be an executive committee of the Board Executive., _ committee. consisting of NO. 5341s. 11. (a) two members of the Board selected by the Board of whom the Board shall appoint one as chairman and the other as deputy chairman of the executive committee; (b) a person selected by the Minister from among the Government nominees appointed to the Board and referred to in Part A of the Third Schedule; schedule. (c) the chairman of the Board; (d) the Medical Director of the Institute; (e) the Assistant Medical Director of the Institute; and (/) the Manager and Secretary of the Institute. 42. (1) Subject to this Part the administration of the funds Delegation by and affairs of the Institute may be delegated by the Board to executive the executive committee. NTM^TS! 12. (2) Any such delegation shall be revocable by the Board at will and shall not prevent the exercise by the Board of any of the powers so delegated. (3) The powers delegated may include (a) the appointment and dismissal and determination of salaries and wages of employes of the Board other than those employes who are ex officio members of the executive committee; (b) the passing for payment of accounts;
394 1958. Cancer. No. 6213 (c) the purchase of stores and equipment required for the maintenance and operation of the Institute; and (d) generally, any matter respecting the management of the Institute. 5558?? of **. (1) Subject to this Part and to any regulation or by-law committee. made under this Part the executive committee (a) shall have and may exercise all such powers and duties as are delegated to it by the Board; (b) shall hold general meetings at least monthly on such days and at such times as the executive committee determines; (c) shall cause an accurate account to be kept of all receipts and payments of the Board and of all stores and equipment purchased issued or used for the purposes of the Institute; and (d) shall report its proceedings to the Board from time to time. (2) The powers and duties delegated to the executive committee may be exercised by a quorum thereof consisting of not less than four members. (3) At any meeting of the executive committee the chairman of the meeting shall have a deliberative vote and in the case of an equality of votes a second or casting vote. (4) The proceedings of the executive committee shall be governed by by-laws made under this Part. Arrangements 44. To carry out the objects for which the Institute is No. 5341 a. i4. established, the Board, subject to the approval of the Governor in Council, may enter into such financial and other arrangements as are necessary with (a) the Anti-Cancer Council of Victoria; (b) the University of Melbourne; (c) the Commonwealth X-Ray and Radium Laboratory; (d) any institution within the meaning of the Hospitals and Charities Act 1958; and (e) any other body or person undertaking any research or treatment that may be associated with such objects. information 45. The Board or the executive committee shall when NO. S34i "is. requested by the Minister so to do furnish to the Minister such information, including minutes of meetings, as he requires in respect of the administration of this Part.
1958. Cancer. No. 6213 396 46. (1) The Board may make by-laws not inconsistent with S^JSL 80 ' this Part for or with respect to No. 53Al 116. (a) the conduct of its proceedings and the proceedings of the executive committee; (b) the powers duties control supervision guidance regulation and discipline of all employes of the Board; (c) the exercise of any authority delegated by the Board to the executive committee; and (d) generally, all matters whatsoever affecting the management of the Institute and of any place under the control of the Board. (2) A by-law shall not be of any force or effect until it is confirmed by the Governor in Council and published in the Government Gazette. (3) Any by-law may (without prejudice to any other method of amendment or revocation) be amended or revoked by Order of the Governor in Council published in the Government Gazette. 47. (1) Except as hereinafter provided the Institute shall be ^^{ c ftom exempt from the provisions of the Hospitals and Charities Act chisuiesaet 1958. No. 5341s. 17. (2) The Governor in Council may from time to time by proclamation published in the Government Gazette (a) declare that all or any of the wards wings or parts of the Institute may for the purposes of the Hospitals and Charities Act 1958 be deemed to, be a hospital and a separate institution under that Act; and {b) revoke amend or vary any such proclamation. (3) If any doubt or dispute arises as to the extent to which any ward wing or part of the Institute should pursuant to this section be financed in whole or in part by subsidies under the Hospitals and Charities Act 1958 the matter shall be determined by the Governor in Council whose decision shall be final. 48. (1) The Board may receive patients into the Institute charge for and may sue for and recover from every patient or the parent ^'swis is or guardian or husband or wife of such patient all such charges and expenses in connexion with his maintenance attendance or relief in the Institute as are determined by the by-laws of the Board: Provided that no person who is accepted as an in-patient in any portion of the Institute which is a separate institution under the Hospitals and Charities Act 1958 shall be charged any fees or expenses.
396 1958. Cancer. No. 6213 (2) For the purposes of this Part any statement in writing of the items and amount of the costs and expenses due in respect of any patient or patients which is signed by a person authorized by the Board in that behalf shall be prima facie evidence of the amount due. Estimates of receipts and expenditure. No. 5341 s. 19. Government grants. No. 5341 9.20. Depreciation funds &c. No. 5341 s. 21. 49. (1) Before the last day of April in every year the Board shall submit to the Minister an estimate of the probable receipts and expenditure for the financial year beginning on the first day of July next following. (2) In preparing such estimates the Board shall take into account any amount from fees and charges and any amount from any unconditional gift or endowment likely to be received by the Board during the period in respect of which the estimate is prepared. (3) No estimate of expenditure shall exceed in any year such limit as is fixed by the Minister or have any force or effect until approved by the Governor in Council. 50. Towards the annual expenditure of the Board there shall be paid to the Board by the Treasurer of Victoria out of moneys to be provided by Parliament for the purpose such sums as, together with all other moneys estimated to be available to the Board for the purpose, will equal the whole of the annual expenditure so estimated and approved. 51. In preparing estimates for any financial year the Board may allot funds in respect of depreciation of equipment and for such other purposes as are prescribed by the regulations, and such funds shall be regarded as an expenditure of the Board for, that year. Authority to Treasurer of Victoria to issue and apply amounts not exceeding 1,500,000 out of the Loan Fund. No. 5341 s. 22; No. 5698 s.2(l), No. 5959 s. 2. Application of amounts issued and applied out of the Loan Fund. 52. (1) The Treasurer of Victoria may under the authority of this Part issue and apply out of the Loan Fund amounts not exceeding in all the sum of One million five hundred thousand pounds. (2) The amounts so issued and applied shall be applied for or towards the purposes of this Part (other than administrative or maintenance expenses) in such manner as the Governor in Council approves. Gifts endowments &c. No. 5341 s. 23. 53. (1) The Board may accept gifts bequests and endowments of real and personal property either for any special purpose of the Institute or in aid of the general purposes thereof and either
1958. Cancer. No. 6213 397 unconditionally or upon such terms and conditions (not inconsistent with the objects for which the Institute is established) as may be agreed upon. (2) At any time after any such gift or endowment is made the donor by writing under his hand may with the consent of the Board revoke or vary any of the terms and conditions agreed upon. 54. (1) The accounts of all moneys received and disbursed by the Board shall be inspected and reported upon as provided under the Audit Act 1958 for inspecting and reporting on books and accounts of persons in the public service, and the Board shall pay for any such inspection such amount as the Governor in Council thinks fit. (2) A copy of the audited statement of accounts shall be furnished to the Minister as soon as practicable after each inspection by an auditor. 55. (1) Every salaried officer of the Board entrusted with 0^ rby the control or custody of any money for or on behalf of the N0.534it.25. Board or the Institute may be required to give such security as the Board requires. (2) No member or employe of the Board shall receive whether Membepand,.,.... r J.., employes of directly or indirectly any commission or payment in the nature Board not to thereof for or with respect to any moneys collected or received by commission, him for or on behalf of the Institute. 56. (1) For the purpose of making the facilities of the Agj* * 111 Institute available to residents of Tasmania an agreement relating Tasmania. to the provision of finance towards the establishment maintenance No - 5341 s - 26 - and development of the Institute may be made and executed by the Governor of the State of Victoria with the Governor of the State of Tasmania. (2) Any such agreement may be amended or varied by further agreement between the Governors of the said States. (3) Any agreement so executed shall on publication in the Government Gazette be given effect to. (4) Any agreement shall be subject to termination by mutual consent or after five years notice by either Governor. (5) Any moneys received by the State of Victoria from the State of Tasmania under the terms of any agreement so executed shall be paid by the Treasurer of Victoria to the Board. VOL. I. 51 Audit No. 5341 s. 24.
S98 1958. Cancer. No. 6213 Bvidence. No. 5341 (. 27. Regulations. No. 5341 s. 28. (6) For the purposes of this Part the moneys so received shall be applied by the Board in accordance with the terms of the agreement. 57. All documents including by-laws orders directions statements and notices purporting to be issued made or given by or under the direction of the Board and to be signed by a person authorized by the Board shall be deemed without further proof to be so issued made or given unless the contrary is shown. 58. (1) The Governor in Council on the recommendation of the Board may make regulations for or with respect to such matters as by this Part are required or permitted to be prescribed or as are necessary or expedient to be prescribed for giving effect to the purposes of this Part. (2) All regulations made under this Part shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament, and a copy thereof shall be posted to all Members of Parliament. SCHEDULES. Section Z FIRST SCHEDULE. Number of Act. Title of Act. Extent of Repeal. 4446 5341 5698 5753 5959 Anti-Cancer Council Act 1936.. Cancer Institute Act 1948 Cancer Institute {Loan Moneys) Act 1953 Statute Law Revision Act 1953 Cancer Institute (Loan Moneys) Act 1956 So much as is not already repealed. The whole. The whole. Item in Schedule referring to Anti- Cancer Council Act 1936. The whole.
1958. Cancer. No. 6213 SECOND SCHEDULE. Institutions, associations or bodies of persons the committees or governing bodies of which may nominate persons to be members of the Anti-Cancer Council of Victoria. The Victorian Branch of the British Medical Association The Royal Melbourne Hospital St. Vincent's Hospital The Alfred Hospital The Royal Women's Hospital The Austin Hospital Prince Henry's Hospital The Thomas Baker Alice Baker and Eleanor Shaw Medical Research Institute The Walter and Eliza Hall Institute of Research in Pathology and Medicine The Australian Dental Association The Royal Australasian College of Surgeons The Australasian Association of Physicians The College of Radiologists of Australasia The Melbourne Cancer Causation Research Committee Number of persons who may be nominated in each case. Two. One each. THIRD SCHEDULE. MEMBERS OF THE CANCER INSTITUTE BOARD. PART A. Government Nominees. Four members to be nominated by the Minister, of whom two shall be nominated as representing country hospitals. PART B. Institutional Nominees. Three members to be nominated by the Anti-Cancer Council of Victoria. Two members to be nominated by the governing body of the University of Melbourne. Two members to be nominated by the governing body of the Austin Hospital. One member to be nominated by the governing body of the Royal Melbourne Hospital. One member to be nominated by the governing body of the Alfred Hospital. One member to be nominated by the governing body of St. Vincent's Hospital. One member to be nominated by the governing body of the Royal Women's Hospital. One member to be nominated by the governing body of Prince Henry's Hospital. PART C. Tasmanian Nominees. Subject to any agreement under Part II. of this Act between the Governor of the State of Victoria and the Governor of the State of Tasmania, two members nominated by the Governor of the State of Tasmania. PART D. Ex Officio Members. The Medical Director of the Cancer Institute. The Assistant Medical Director of the Cancer Institute. The Manager and Secretary of the Cancer Institute. The Director of the Commonwealth X-Ray and Radium Laboratory.